E.Elumalai Vs. Secretary to Government - Court Judgment

SooperKanoon Citationsooperkanoon.com/1167401
CourtChennai High Court
Decided OnAug-01-2013
JudgeM.JAICHANDREN
AppellantE.Elumalai
RespondentSecretary to Government
Excerpt:
in the high court of judicature at madras dated: 1.8.2013 coram the hon'ble mr.justice m.jaichandren writ petition no.6016 of 2012 e.elumalai [ petitioner ].vs 1 the commissioner and secretary to government government of tamilnadu land acquisition, chepauk, chennai-5 2 the managing director tamil nadu housing board nandanam chennai-35 3 the executive engineer tamilnadu housing board mugappai division anna nagar, shopping complex chennai [ respondents ].this writ petition is filed under article 226 of the constitution of india praying for the issuance of a writ of mandamus directing the respondents to allot one hig plot at nolambur under the nolambur scheme by giving preference to the petitioner under the ex. owner category on the light of letter dated 18.05.2001 sent by the 2nd respondent to the petitioner without any further delay. for petitioner : mr.s.sivakumar for respondents : mr.r.ravichandran agp for r1 mr.r.jayaseelan standing counsel for tnhb r2 and r3 order the learned counsels take notice for the respondents. 2. though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the second respondent is directed to dispose of the representation, dated 12.9.2011, on merits and in accordance with law, within a specified period. 3. the learned counsels appearing on behalf of the respondents have no objection for such an order being passed by this court. 4. in view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the representation, dated 12.9.2011, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. the petitioner is directed to furnish a copy of the representation, dated 12.9.2011, to the second respondent, along with a copy of this order. however, it is made clear that this court, by this order, has not expressed any opinion on the merits of the matter. 5. accordingly, the writ petition is disposed of, with the above directions. no costs. 1.8.2013 index : yes/no internet : yes/no lan to: 1 the commissioner and secretary to government government of tamilnadu land acquisition, chepauk, chennai-5 2 the managing director tamil nadu housing board nandanam chennai-35 3 the executive engineer tamilnadu housing board mugappai division anna nagar, shopping complex chennai m.jaichandren j., lan writ petition no.6016 of 2012 1.8.2013
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 1.8.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.6016 of 2012 E.ELUMALAI [ PETITIONER ].Vs 1 THE COMMISSIONER AND SECRETARY TO GOVERNMENT GOVERNMENT OF TAMILNADU LAND ACQUISITION, CHEPAUK, CHENNAI-5 2 THE MANAGING DIRECTOR TAMIL NADU HOUSING BOARD NANDANAM CHENNAI-35 3 THE EXECUTIVE ENGINEER TAMILNADU HOUSING BOARD MUGAPPAI DIVISION ANNA NAGAR, SHOPPING COMPLEX CHENNAI [ RESPONDENTS ].This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to allot one HIG Plot at Nolambur under the Nolambur Scheme by giving preference to the petitioner under the Ex.

Owner category on the light of letter dated 18.05.2001 sent by the 2nd respondent to the petitioner without any further delay.

For petitioner : Mr.S.Sivakumar For respondents : Mr.R.Ravichandran AGP for R1 Mr.R.Jayaseelan standing counsel for TNHB R2 and R3 ORDER

The learned counsels take notice for the respondents.

2.

Though the prayer is for a larger relief, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the second respondent is directed to dispose of the representation, dated 12.9.2011, on merits and in accordance with law, within a specified period.

3.

The learned counsels appearing on behalf of the respondents have no objection for such an order being passed by this Court.

4.

In view of the submissions made by the learned counsels appearing on either side, the second respondent is directed to dispose of the representation, dated 12.9.2011, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

The petitioner is directed to furnish a copy of the representation, dated 12.9.2011, to the second respondent, along with a copy of this order.

However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

5.

Accordingly, the writ petition is disposed of, with the above directions.

No costs.

1.8.2013 INDEX : YES/NO INTERNET : YES/NO lan To: 1 THE COMMISSIONER AND SECRETARY TO GOVERNMENT GOVERNMENT OF TAMILNADU LAND ACQUISITION, CHEPAUK, CHENNAI-5 2 THE MANAGING DIRECTOR TAMIL NADU HOUSING BOARD NANDANAM CHENNAI-35 3 THE EXECUTIVE ENGINEER TAMILNADU HOUSING BOARD MUGAPPAI DIVISION ANNA NAGAR, SHOPPING COMPLEX CHENNAI M.JAICHANDREN J., lan Writ Petition No.6016 of 2012 1.8.2013